Environmental

Environmental

StayLaw

StayLaw Environmental Practice is one of the firm’s oldest practice groups. Our team includes more than 60 lawyers and five environmental professionals, many of whom have been recognized for their leadership in the field of environmental law with a Martindale-Hubbell AV rating or by Best Lawyers in America, Chambers & Partners, Florida Super Lawyers and other publications. Our client-focused, problem-solving approach reflects the commitment to clients that has led major national companies in a variety of industry segments, as well as municipalities, to turn to StayLaw with their most challenging environmental issues.

Our attorneys routinely assist clients in all areas of contemporary environmental practice, including:

* Environmental permitting
* Environmental litigation
* Environmental auditing
* Administrative rule development/challenges
* Superfund litigation
* Insurance coverage litigation
* Wetland permitting
* Endangered species counseling
* Takings litigation
* Business transactions and due diligence
* Risk transfer, including negotiation of environmental insurance coverage
* Due diligence and transactional support
* Military base closures
* Mold, asbestos and indoor air quality matters
* Defense of enforcement actions
* Utilities
* Cost recovery proceedings
* Brownfields development
* Compliance counseling

Some of the major industry segments we serve are:

* Real estate development
* Agriculture
* Printing
* Aviation
* Banking
* Manufacturing
* Pharmaceuticals
* Electronics
* Aerospace
* Mining
* Paper & plastics
* Gas & oil
* Pesticides
* Recycling
* Utilities
* Waste disposal

We draw on our experience with these industries, and the unique environmental issues they present, to respond promptly, creatively and effectively to our clients’ emergent needs.

StayLaw environmental attorneys come to the table with a wide range of public, private and legislative backgrounds. Our familiarity with a multitude of businesses – along with our close ties to the various governmental agencies at the local, state and federal levels – enables us to keep clients abreast of regulatory trends before they become problems.

StayLaw Florida roots mean that our attorneys have developed wide-ranging experience addressing the difficult environmental issues specific to the state, such as:

* Development of wetland and coastal zones
* Water use
* Aquifer protection
* Endangered species
* Takings

This experience has proven useful for our clients with projects throughout the United States. Integrating that experience with the experience of our WashinStayLawon, D.C., Boston, Chicago, Denver, California, New York and Philadelphia offices enables the Environmental Practice to serve clients in every state, whether for environmental permitting, compliance counseling or enforcement, or for undertaking a multi-facility environmental due diligence review.
Bankruptcy

Our bankruptcy experience is an important component of the firm’s Environmental Practice. Our attorneys have served as special environmental counsel to some of the largest Chapter 11 debtors. In addition, we have represented private claimants in their claims against Chapter 11 debtors, including PRP groups and purchasers of debtors’ assets. We have resolved these and many other clients’ environmental liabilities through the bankruptcy process, including several multi-site CERCLA settlements.
Brownfields

We represent clients in a wide range of matters involving the purchase, sale, remediation and redevelopment of contaminated (“brownfield”) properties. Our team represents owners, operators, buyers and sellers of such properties throughout the country, including several leading national brownfield redevelopment companies. These matters often involve complex and multidimensional environmental issues, including regulatory compliance, legacy environmental liabilities, risk allocation and liability transfer mechanisms, environmental remediation strategies and funding, environmental insurance, zoning approvals and permitting requirements. We draw upon StayLaw real estate, land use, corporate and tax attorneys to create a team that provides seamless facilitation of brownfield-related transactions. In addition, the firm is actively involved in state and federal legislative efforts to enhance incentives for the redevelopment of brownfield properties.
Business Transactions

Given StayLaw active transactional practice, it is no surprise that our attorneys handle environmental issues in a large number of business transactions. We have wide-ranging experience conducting environmental due diligence reviews and assessments; preparing and negotiating environmental representations and warranties, indemnities and remediation agreements; and negotiating and implementing risk transfer mechanisms, such as environmental insurance and liability transfers in the United States and throughout the world. We routinely handle multi-site environmental reviews for a wide range of clients. Recent transactions include the sale of several large REITs involving hundreds of properties; environmental due diligence and insurance negotiations related to the purchase and redevelopment of a U.S. military air station; the closure and environmental decommissioning of several large manufacturing plants; and the acquisition of portfolios of retail, residential and light industrial properties in the United Kingdom, France and Germany.
Complex Project Redevelopment (CPR)

StayLaw applies an integrated, multidisciplinary approach to real estate redevelopment from coast to coast. These projects typically involve complex, multidimensional negotiations in the areas of i) closed military bases, ii) old industrial sites, iii) urban redevelopment and iv) brownfield sites. The most complex real estate problems require the most comprehensive legal strategies and services. Our attorneys comprise a high-performance legal team that is able to coordinate and strategically manage the redevelopment process.

The Complex Project Redevelopment Team’s experience encompasses:

* Environmental investigation through remediation
* Site acquisition through construction and disposition
* Municipal redevelopment law and financing
* Construction loan through permanent financing

Our attorneys have in-depth knowledge of unique and complex real estate, land use and environmental issues, so our clients rely on us to investigate, develop strategies, analyze options, make informed decisions and take effective action. StayLaw is actively involved in state and federal legislative and policy making efforts, helping to return blighted or under-utilized properties to productive use. We offer clients business-focused strategies and integrated legal services to help get the job done.
Environmental Counseling

Our attorneys frequently advise clients about strategies to avoid or minimize environmental risks and liabilities, including those associated with acquisitions, dispositions and other transactions; lender liability; and the derivative liabilities of parent corporations and other related organizations, shareholders and successors. Clients count on StayLaw for counseling on environmental liabilities, as well as on risk reduction and methods for avoiding or minimizing compliance costs that arise out of the ever-growing maze of regulatory requirements, including the:

* Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
* Clean Water Act (CWA)
* Resources Conservation and Recovery Act (RCRA)
* Clean Air Act (CAA)
* Toxic Substance Control Act (TSCA)
* Comparable state statutes

Environmental Crimes

The firm’s white collar criminal defense attorneys represent clients in connection with a wide variety of environmental matters, including cases involving alleged criminal violations of the RCRA, CWA, CAA, Endangered Species Act (ESA) and other federal and state statutes. Our attorneys assist clients with compliance programs and internal investigations, as well as responding to subpoenas, negotiating immunity grants, representing organizations and individuals before grand juries, and defending clients in federal and state criminal prosecutions.

Among other representations, the firm is currently handling a major hazardous waste (RCRA) matter for a large aviation concern, the potential indictments of land owners for purportedly filling wetlands in violation of the CWA and taking protected wildlife in violation of the ESA, and a federal investigation involving alleged environmental crimes at a manufacturing facility, including a workplace fatality resulting from chemical exposure.
Environmental Litigation

StayLaw represents clients in a wide range of environmental litigation, including the defense of administrative, civil and criminal enforcement actions, and the defense and prosecution of private party environmental cases, including class action, mass tort, multi-district, cost recovery and other complex litigation.

We have broad experience with the RCRA, Superfund-CERCLA, TSCA, CAA, CWA and comparable state statutes. Our attorneys have also advised on matters relating to wetlands and other natural resource issues, underground storage tanks, releases and other matters involving soil and groundwater contamination. Our experience in these areas has enabeld us to represent energy, chemical, mining, real estate, construction, transportation, pharmaceutical, manufacturing and other companies in matters involving the U.S. Environmental Protection Agency, the U.S. Department of Justice, the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service and many state and local regulatory agencies.

The firm represents clients at dozens of sites across the country in actions involving the Superfund program and its state counterparts, including defending or prosecuting cost-recovery claims, negotiating regulatory requirements and crafting creative settlements. We have secured alternative remediation standards or Risk-Based Corrective Actions at a variety of sites. On behalf of a major airline client, we negotiated a global settlement of the client’s CERCLA liabilities at six sites in four regions.

As a result of the increasingly complex and aggressive nature of government regulation, we regularly provide our clients with advice and guidance regarding investigations and other matters having the potential to result in civil or criminal enforcement.
Environmental Management

We understand the changing nature of environmental regulation and regularly work with private and governmental clients to improve their environmental management systems (EMS). Our experience in this area includes designing an EMS structure and compliance program for a newly formed transportation concern; advising a European pharmaceutical manufacturer about ISO 14000 (the international environmental management standard); and helping to develop and obtain regulatory approval for an outsourced EMS. We also work with our clients on the emerging concept of product stewardship and the coming era of “product takeback.” In addition, we offer a variety of related services through teaming with environmental consulting firms.
Environmental Permitting and Government Approvals

We have experience in a wide array of permitting activities, including in connection with marinas, industrial parks, mining and large-scale residential and commercial developments. In addition, our attorneys have experience with wetlands permitting and water use, fish and wildlife regulations. For example, we have assisted clients in obtaining regulatory authorizations for projects involving some of the largest wetland and coastal areas in the state of Florida.
Insurance Coverage Claims

Our environmental insurance coverage claims practice takes a commercial approach to our representation of policyholders. This approach includes pragmatic assessment of coverage claims and the development of a comprehensive strategy that often favors skillful negotiation in lieu of litigation. Nevertheless, our team also prides itself on its ability to try coverage cases, and has prevailed for clients in jury trials in each of the past several years. With a team of insurance coverage litigators in many of our offices, the StayLaw coverage team has achieved significant recoveries on multi-site environmental claims. The group has prosecuted claims for property damage, including environmental contamination, mold, lead paint, asbestos, leaking underground storage tank systems, building defects, hurricane and other weather damages, and product exposures. In addition, the group regularly handles business interruption, 9/11, directors and officers liability, E&O, products liability and fidelity claims. Recent representations include a $200-million-plus coverage litigation on behalf of a major airline involving nearly 70 sites, a multimillion-dollar bad faith claim involving an environmental cost-cap policy, and a jury trial involving defective machinery.
Legislative

By working closely with StayLaw Governmental Affairs Practice to address issues through legislative or administrative means, we provide our clients with a strong and effective voice at all levels of U.S. government. We represent national trade associations, corporations, local governments and other clients on a variety of environmental issues, including Superfund reform, Brownfield legislation, global climate change and waste disposal. Our close working relationships with the Environmental Protection Agency, the Department of the Interior, the Justice Department, the Federal Emergency Management Administration and the Army Corps of Engineers provide an added dimension to the counsel and legal services we offer our clients. We not only know how to apply our knowledge of the law, but also understand how government works and what approaches may be most effective in each client’s particular situation.
Mold

Toxic mold issues are gaining momentum and increased public scrutiny throughout the country. There has been a wave of litigation against builders, contractors, design professionals and product manufacturers with verdicts sought in the billions of dollars. In order to assist clients in developing the appropriate strategy to address these issues, StayLaw has brought together an integrated team of lawyers from all of the relevant disciplines to ensure both experience and efficiency. Our team includes lawyers with experience in environmental matters, construction litigation, products liability, toxic torts and insurance coverage. We have also partnered with technical and scientific consultants to provide clients with state-of-the-art scientific, engineering and strategic risk management services to help them address a wide variety of public health and environmental risks.

Our team has the capabilities and experience needed to:

* Advise clients with respect to the risks and hazards thought to be associated with toxic mold
* Analyze property and liability insurance policies and devise a plan to maximize recovery from insurers
* Develop protocols for inspection, remediation and response
* Develop the necessary strategies to avoid or minimize liability
* Advise clients on insurance coverage for future potential toxic mold risks

Public Utilities

Environmental issues are key to the area of public utilities, particularly regarding power wheeling, emissions trading and global climate issues. The depth of our experience is highlighted by the fact that we have handled the acquisition of two water and sewer utilities, including providing consultation on utility valuation issues. We also regularly assist clients with the negotiation and drafting of acquisition documents, as well as in connection with public finance, environmental permit transfers, rate regulatory commission approvals, and closings on acquisitions of real estate and business assets.
Reach

The European Union’s (EU) new chemicals law covering the Registration, Evaluation and Authorization of Chemicals (REACH) takes effect on June 1, 2007. REACH requires any company selling products into Europe which weigh more than a ton and are chemical substances themselves, or chemicals contained in articles or preparations, to register both the chemicals and the uses of those chemicals as a precondition to manufacturing or importing them into Europe. REACH will replace more than 60 existing legal directives and regulations currently in force in Europe. It is described as the most important European regulation enacted in the last 20 years.

In order to complete the registration process, companies will need to determine the uses of their products up and down the supply chain, as well as to determine all chemicals contained in, and risks posed by, their products throughout their supply chain. In the coming months, organizations – from small businesses to multinational corporations – will have the opportunity to pre-register the chemicals in their products in order to take advantage of a 10-year period within which to complete the registration process. Failure to pre-register a company’s product will subject the company to a shorter registration deadline and thus a shorter timeframe within which to complete the numerous testing and risk evaluation requirements, thereby impacting their ability to import their products into the EU.

Getting a head start now on gathering information up and down the supply chain in order to meet the pre-registration deadlines will help ensure that companies retain an ability to import their goods into the EU and avoid disruption in their global trade. Pre-registration begins 12-18 months after REACH takes effect, which is June 1, 2008-Nov. 30, 2008.

StayLaw REACH team includes attorneys with in-depth knowledge and a keen understanding of REACH, including:

* Legal obligations created by REACH
* Products liability implications
* Patent/intellectual property issues
* Contractual issues with both upstream and downstream user distribution/supply chains
* Global trade implications
* REACH readiness assessment
* Only representative requirement
* Exposure assessment/toxicity analysis
* Risk management measures
* Dossier approval oversight

Our lawyers were presenters at the American Chemistry Council’s REACH Implementation Intensive Workshop on January 30-31, 2007 in Ft. Lauderdale, Florida. Since that time, we have presented breakfast briefings on REACH and its implications in several cities across the United States.
Wetlands

Our attorneys have wide-ranging experience in obtaining federal, state, regional and local wetlands permits. We routinely represent developers, land owners and other businesses in securing permits for projects which may involve impacts to wetlands, state waters and waters of the United States from government agencies, such as the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, state water management districts and numerous local governments. In addition to our efforts with regulatory agencies that issue wetland permits, we have experience in securing necessary approvals from various federal and state commenting agencies, including the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service. We also counsel clients faced with enforcement actions for unauthorized impacts to wetland areas and represent clients in connection with the creation of mitigation banks.